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WISE v. KIND & KNOX GELATIN, INC.

No. 05-1130.

429 F.3d 1188 (2005)

Vikki A. WISE, Appellee, v. KIND & KNOX GELATIN, INC., as Plan Administrator for the Long Term Disability Benefit Plan of Kind and Knox Gelatin, Inc.; UNUM Life Insurance Company of America, as Co-Administrator and Underwriter for said Plan, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: December 7, 2005.

Attorney(s) appearing for the Case

Michael W. Thrall, argued, Des Moines, IA (Debra L. Hulett, on the brief), appellee.

Robert J. Pierson, argued, Sioux City, IA, for appellee.

Before RILEY, HEANEY, and COLLOTON, Circuit Judges.

RILEY, Circuit Judge.

Vikki A. Wise (Wise) brought this action under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461, to recover benefits under the Long Term Disability Benefit Plan (Plan) provided by her employer, Kind & Knox Gelatin, Inc. (Kind & Knox). UNUM Life Insurance Company of America (UNUM) was the benefits provider and co-administrator of the Plan with Kind & Knox, the Plan administrator. The district court...

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